Since 9/11, Justice lawyers have sometimes used pre-emptive prosecution--busting suspected terrorists before they could strike. The charges don't always stand up.

Zacarias Moussaoui Aug. 16, 2001 He was arrested after suspicious flight lessons and charged with six counts of conspiracy connected with 9/11 Still on hold. Lawyers for Moussaoui petitioned the Supreme Court in January for permission to interview detained al-Qaeda captives they believe can help his case

Detroit Sleeper Cell Sept. 17, 2001 Arrested with airport-security passes and fake IDs, charged with ID fraud and providing material support to terrorists The two accused men were found guilty in 2003, but the judge dismissed the convictions after discovering that prosecutors had kept some evidence from the defense